1681. muft fubmit to the French, and they run over all. This is Anno 33 Car. II. a ftrange Breach of Privilege, and tends to the Danger of the King's Perfon, and Deftruction of the Proteftant Religion. This of Fitzharris is a confiderable Confirmation of the Sir T. P. former Plot; I call it the old Plot, but 'tis ftill new upon (perhaps Proby.) us. This is a Confirmation of the Design to murder the King, and the Duke confenting to deftroy his own Brother and our King. I have often heard it whisper'd, that this Plot was Madame's Defign at Dover. 'Tis plain that Juftice Godfrey was murdered, and that the Army at Blackheath was to deftroy the Proteftants in Holland, and to awe the City of London. When Fitzharris was in an Inclination to discover what he knew, and two or three honourable Members went to examine him, this Man was fetch'd the next Day to Whitehall, and fent to the Tower, and fo we were deprived of all farther Hopes of Discovery. We have received the Information he gave, and now that the Man may be in no capacity to discover farther, they ftop his Mouth. I move therefore, that you will declare, That if any Judge, Juftice, or Jury proceed upon him, and he be found guilty, that you will declare them guilty of his Murder, and Betrayers of the Rights of the Commons of England.' Refolved, That it is the undoubted Right of the Commons Refolutions in in Parliament affembled, to impeach before the Lords in Par- the Cafe of liament any Peer, or Commoner, for Treafon, or any other Fitzharris. Crime or Misdemeanour; and that the Refufal of the Lords to proceed in Parliament upon fuch Impeachments, is a Denial of Juftice, and a Violation of the Conftitution of Parliaments. Refolved, That in the cafe of Edward Fitzharris (who by the Commons had been impeach'd for High-Treafon before the Lords, with a Declaration that in convenient time they would bring up the Articles against him) for the Lords to refolve that the faid Edward Fitzharris fhould be proceeded with according to the Courfe of Common Law, and not by any Impeachment in Parliament at this time, is a Denial of Juftice, and a Violation of the Conftitution of Parliament, and an Obftruction to the farther Difcovery of the Popish Plot, and of great Danger to his Majefty's Perfon and Go vernment. Now the Houfe has done as much as is fit for the Lords, Sir W. Jones, but we do not know how Inferiour Courts will proceed; therefore I'll propofe a Vote, That for any Inferiour Court to proceed against Edward Fitzharris, or any other Perfon lying under an Impeachment in Parliament, for the fame Crimes for which he or they stand impeached, is an high Breach of the Privilege of Parliament, &c. (which past, Anno 33 Car.II. I would not give occafion to People to fay, we do 1681. things in an extraordinary manner. Tis late, and pray let's adjourn.' Farther Debates on the Exclu fion. Monday, March 28. 1681. The Bill for excluding the Duke, &c. read. No Bill was ever offered in Parliament of the like Nature, fo much against the Juftice of the Nation; it condemns a Man never heard, and then 'tis a Law made ex poft Sec. Jenkins. facto.- -Very extraordinary-againft the Fundamen T. B. Sir W. Jones. tal Juftice of the Nation; and not only that, but against Sec. J. has moved to throw out the Bill, and defired to be heard patiently; I find no body fecond him, pray let him go on and fecond himself. Ordered a fecond Reading. Because there has been much Difcourfe in the Town of the Votes that paft on Saturday, upon the Lords Spiritual and Temporal rejecting the Impeachment, &c. though I believe what is done will be made good, yet I would for the prefent, give the Nation all the Satisfaction we can, that we are in the right. Amongft our Misfortunes in being called to this Place, we are far remote from Records and Books; but yet I think it may be easy to prepare our felves to mainrain what we have done. According to the little Light I have, I find it the undoubted Right of the Commons, not only to bring Impeachments against Lords, but against Commoners too. Magna Charta does not only fay, Per judicium Parium, &c. but per Legem Terra, &c. Trial by Parlia ment 137 ment is Lex Terra. I have heard of a Record, 4 E. 3. where Anno 33 Car.II. when the Earl of March'. The Black-Rod came to command their Attendance in the Houfe of Lords, whither they immediately went, and the Lord Chancellor by Command of the King diffolved the Parliament. 1681. The following Speeches of Henry Booth, afterwards Earl Certain Speeches of Warrington, fpoken in feveral Parliaments, and on vari- of Henry Booth, ous important Occafions, in the Reign of King Charles II. afterwards Earl of Warrington. are thought proper to be inferred here together. I wish I could have been filent, and I wish there had not For the Bill of been an occafion for this day's Debaté: But fince we are Exclufion brought into this Condition, it behoves every Man to put to his Shoulder to fupport this tottering Nation: And in this Matter that is now before us, we ought to confider very well, for a great deal depends upon it, and therefore I hope that every Gentleman will fpeak and vote as God fhall put it into his Heart, without any Prejudice or Prepoffeffion. 'A Bill to exclude all Papifts from the Crown will produce a great many Inconveniencies on both Hands, because his R. H. being a Papift, it will fet him afide: Therefore we are to confider which is the leffer Evil, and to chuse that. If the Duke be excluded, you are told how unjuft it is to take away his Right from him: That the Crown is his Inheritance if he furvive the King, and befides you provoke him and all the Papifts in England to rife and cut our Throats. On the other hand, tis plain, that when we shall have a Popish King, our Religion and Laws are not fecure one Moment, but are in continual Danger. So that the Cafe in fhort is this: Whether we fhall fit ftill and put it to the venture of having a Popifli Succeffor, then we muft either fubmit our Heads to the Block, or fight and be Rebels: Or elfe to have a Law that will justify us in the defending our Religion and Laws: In plain English, whether we would fight for or against the Law. I think I have put it right; and now let every Man make his choice, that loves either his God or his Country. As to the Duke's Right to the Crown, I wish it were clearly known what fort of Right it is he claims, and whence he derives it: He is not Heir apparent, neither do I think that our Law knows any fuch thing as an Heir to the Crown, but only as a Succeffor: And therefore the Duke nor any other whatever, can pretend the fame Title to the Crown, as the Son of a Subject can to his Father's Eftate after his deceafe; for with Subjects they do not fucceed but inherit It is not fo as to the Crown, for there they fucceed: And it is from a not rightly confidering the word TOME II. T Heir, 1 1681. Anno 33Car.II. Heir, as it is a fynonymous Term with that of Succeffor, that has made fo many to be deceived in the Duke's Title to the Crown: For this word Heir to the Crown was nor heard of till Arbitrary Power began to put forth. Before William the Conqueror's time it would have been a senselefs word, when the People fet up and pulled down as they faw Caufe: And till Queen Elizabeth it was not much in fashion, when the Crown was fo frequently fettled by Act of Parliament, and the next of Blood fo often fet afide; when the Son feldom followed his Father into the Throne, but either by Election in the life-time of his Father, or else by Act of Parliament. So that to make the Duke either Heir apparent or prefumptive to the Crown, it must be proved either by the Conftitution of the Government, or by fome Law or Act of Parliament. If therefore he has a Title to the Crown, it's neceffary to know what it is, and whence he has it; but if he has none, it's not unjuft to pass the Bill, or any other where he fhall be particularly named: But I will fay no more of this, left I may feem to be against kingly Government, which I am not. If the Duke be excluded because he is a Papift, yet it is no juftice: Why will he be of that Religion that the Law endeavours to fupprefs? The Subjects who are of that Religion forfeit two parts in three of their Eftates, and shall any Subject by reafon of his Quality be exempted from the Law? I hope not; befides, if a Subject forfeit two parts, it's reasonable that the next of Blood, or any that is of that Religion, fhould be excluded from the Crown: Because the Law has prohibited all Papifts from having any Office civil or military, because their Principles are inconfiftent with the Government; and then how prepofterous would it be to make him the Head of the Church, and the Preferver of our Laws and Liberties, whofe Religion obliges him to ruin and destroy both? So that if the Duke had not by his Practices given us juft Causes to except against him, yet barely as he is a Papift he ought to be excluded: But when it is confidered that he has held a Correfpondency with the Pope and the French King, to fubvert our Religion and Laws, what Protection can we expect from him if he be King? It is a fenfeless thing to imagine. that he will not difturb us in our Religion and Laws, feeing whilft he is a Subject he is practifing to deftroy us and them: Therefore for my part, I think we betray both our Religion and Laws if we do not pafs this Bill. There is one Opinion which prevails much in the World, which as it is falfe, fo it does a great deal of hurt, and that is this; that every Government in the World was conftituted by God himself: But that cannot be fo; for it would follow, that 1681. that God is unjust, which he cannot be. There neither is Anno 33 Car.11 nor was any Government of that fort but only that of the Jews; the rest of the World were left to themselves, to frame fuch a Government as fuited beft their Inclinations, and to make fuch Rules and Laws as they could beft obey and be governed by. 'Ours is compounded of an abfolute Monarchy and a Commonwealth, and the Original of it we have from the Saxons: But be it what it will, or whence it will, it is without quef tion that the firft Original of our Kings was, that the People found it for their Advantage to fet one over them, becaufe of his Wifdom, Valour, and Juftice, and therefore they gave him feveral Prerogatives above the reft of the People, that he might be the better able to govern and defend them: For there is none of the King's Prerogatives, but are for the good of the Nation if rightly employed. But it will be a ftrange Conclufion to fuppofe, that the People obliged themselves to fubmit to the Pofterity of that Man whom they first chofe for their King because of his extraordinary Endowments, let them be what they would, and never fo unfit for the Government: For the next of Blood may be incapable of governing in feveral refpects; fuppofe a Fool or Lunatic; by his Principles, if he aim at Arbitrary Power; by his Religion, if he be a Papift or a Heathen; or by his Practices, before he comes to the Crown, to deftroy the Religion and Government by Law eftablifh'd. Now this I do not fay, to argue that the Election of the King is in the People, though, I think, much might be faid in that Cafe, neither is it now the Queftion; but that which I fpeak for is, to prove that the next of Blood has not fo abfolute an inherent Right to the Crown, but that he may for the good of the Nation be set aside. There is yet another Inconvenience to allow the next of Blood to have fo abfolute a Right to the Crown, because the Poffeffion of the Crown takes away all Difabilities, but only fuch as are by Act of Parliament; which being fo, every King muft thank his Succeffor for every Moment that he lives; if he kill him himself, he cannot be queftioned for it, because as foon as the one is dead the other is King, for here the King never dies. If therefore the next of Blood has fo abfolute a Right, the King is very unfafe: For though the Duke be not inclined to fhorten his Brother's days, nay though he be averfe to it, yet in Obedience to the Pope and his Priefts, it must be done either by himself or fome other Hand, and then how long may we expect his Majesty's Life? If Kings were good Men, an abfolute Monarchy were the best Government; but we fee that they are fubject to the fame T 2 Infirmities |
